Border Security, Asylum and Immigration Bill

Debate between Lord Lemos and Baroness Hamwee

Committee stage
Monday 8th September 2025 Lords Chamber

[Baroness Hamwee (LD)]

Can the noble Lord be tempted to express support for Amendment 203C? On his test of support by the British public, there can be no doubt that the British public support Ukrainians who are here.

[Lord Lemos (Lab)]

My Lords, I thank all noble Lords, at such a late hour, for their contributions, and I add my good wishes for a speedy recovery to the noble Baroness, Lady Brinton, and the noble Lord, Lord Alton. In the absence of the noble Lord, Lord Alton, I very much welcome the opportunity to hear from my noble friend—my very good friend—Lady Kennedy of The Shaws.

This group includes Amendments 164, 173, 174, 203B and 203C, proposed by the noble Lords, Lord German, Lord Jackson and Lord Alton, and the noble Baroness, Lady Hamwee, relating to safe and legal routes. I begin by reaffirming the United Kingdom’s proud record of offering sanctuary to those fleeing war, persecution and oppression around the world. It is fundamental, a cornerstone of our international reputation. The UK operates global safe and legal routes for refugees, including the UK resettlement scheme, in partnership with the UN Refugee Agency, the UNHCR. As the noble Lord, Lord German, referenced, the UNHCR assesses refugees living in formal refugee camps, informal settlements and host communities and identifies who would benefit most from resettlement to the UK.

We do not seek to influence the cases referred to us by the UNHCR. This ensures that refugees from across the world can access a safe and legal route to the UK. Alongside this, we have bespoke routes to sanctuary, as noble Lords have mentioned, for those from Ukraine, Afghanistan and Hong Kong. There is no provision within our immigration routes for someone to be allowed to travel to the UK to seek asylum. While we of course sympathise with people in many difficult situations around the world, I am afraid we could not consider protection claims from large numbers of individuals overseas who might like to come to the UK. Those who need international protection should claim asylum in the first safe country they reach. That is the fastest route to safety.

I know that the noble Lord, Lord German, has been concerned about safe and legal routes for a long time. They are an important part of the Government’s wider strategy to restore control over the immigration system. The immigration White Paper published on 12 May 2025 announced a review of refugee sponsorship and resettlement, and further details will be set out. Problems in the asylum system are hardly new, and the Government are determined to restore order to the asylum system so that it operates swiftly, firmly and fairly.

Amendment 173, tabled by the noble Lord, Lord German, and the noble Baroness, Lady Brinton, includes a provision that would enable biometrics to be waived. Biometrics, in the form of fingerprints and facial images, underpin the current UK immigration system to support identity assurance and suitability checks on foreign nationals who are subject to immigration controls. They enable us to have comprehensive checks against immigration and criminality records to help identify those who pose a threat to our national security, public safety and immigration controls, or those who we think are likely to breach our laws if they are allowed to come to the UK. There is, however, I reassure noble Lords, already scope to waive or defer the requirement to enrol biometrics in compelling circumstances.

It is for these reasons that the Government cannot support any amendment which would undermine those efforts and create an unlimited route, adding untold pressures on our decision-makers and accommodation and support systems, as well as the justice system. The number of people we can support through safe and legal routes depends on many factors, including local authority capacity for supporting refugees. I fear a scheme that would be difficult to control, such as this one, would quickly overwhelm our asylum system and have wider ramifications in our entire immigration system. As other noble Lords, including the noble Lords opposite, have mentioned, we worry that that would compromise public confidence.

Amendment 203B from the noble Lord, Lord Alton, seeks to amend the British national (overseas) route into primary legislation, so that any changes restricting eligibility conditions and settlement can be made only with the agreement of both Houses of Parliament through the affirmative resolution procedure, and I have noted the comments made in the Committee about the importance of the commitments we have made. I reassure the noble Lord, Lord Alton, and others, that the Government are firmly committed to supporting members of the Hong Kong community who have relocated to the UK, and those who may yet come here in the future on the British national (overseas) visa route.

The Government recognise the concerns that the White Paper proposals on new earned settlement and citizenship rules have raised, and we are taking steps to ensure that British nationals overseas can share their views during the upcoming consultation. We appreciate how important this issue is to the Hong Kong community, and we will listen carefully to what they tell us.

Given the ambitious nature of the proposals in the White Paper, it is essential that we fully understand their impact on all affected groups before making final decisions. Following the consultation, the Government will outline how the new rules will operate, including which immigration routes they will affect and when the changes will come into force. In the meantime, the current rules for settlement under the BNO route will continue to apply.

Delivering the BNO visa route through the Immigration Rules allows the Government to make swift changes to the route when necessary; for example, should the situation in Hong Kong deteriorate further. This amendment, we on the government side fear, would limit this ability to act quickly and create unnecessary delays. Given the unique circumstances of this group of people whom we support, the flexibility of the Immigration Rules is, in the Government’s view, more appropriate.

Finally, I will address Amendment 203C from the noble Lord, Lord Alton. The purpose of this proposed new clause is to make individuals under the Ukraine scheme eligible for indefinite permission to stay once their permission has expired, even if there is no further permission they can apply for under the scheme. The UK support for Ukraine remains steadfast and, together with our international partners, the UK continues to stand in solidarity with Ukraine and condemns the Russian Government’s unprovoked and premeditated war. That stance has had the very committed support of the entire House and the country as a whole.